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Rule 2-649 – Charging Order

May 13, 2021 | Civil Prodcedure, Maryland

(a) Issuance of Order. Upon the written request of a judgment creditor of a partner, the court where the judgment was entered or recorded may issue an order charging the partnership interest of the judgment debtor with payment of all amounts due on the judgment. The court may order such other relief as it deems necessary and appropriate, including the appointment of a receiver for the judgment debtor’s share of the partnership profits and any other money that is or becomes due to the judgment debtor by reason of the partnership interest.
(b) Service. The order shall be served on the partnership in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction. The order may be served in or outside the county. Promptly after service of the order upon the partnership, the person making service shall mail a copy of the request and order to the judgment debtor’s last known address. Proof of service and mailing shall be filed as provided in Rule 2-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and partnership in the manner provided by Rule 1-321.

Md. R. Civ. P. Cir. Ct. 2-649

This Rule is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 9, 1994, eff. Jan. 1, 1995; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the committee note.

Committee note: If a person served pursuant to this Rule is a plaintiff as well as a person upon whom service on a defendant entity is authorized by the Rule, the validity of service on the plaintiff to give notice to the defendant entity is subject to appropriate due process constraints.